Appeal details
Counselvise Citation
[2018] 125 COUNSELVISE.COM (IT) 6838 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
7 month(s) 23 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
17-07-2018
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
SMC
Assessment Year
2009-2010
Appeal Filed On
24-11-2017
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC , NEW DELHI BEFORE S H. R. K. PANDA , ACCOUNTANT MEMBER ITA NO. 7073 /DEL/201 7 ASSESSMENT YEAR: 20 09 - 10 ITO WARD - 19(2), NEW DELHI VS M/S P. MITTAL MANUFACTURING PVT. LTD. B - 542, 2 ND , N EW FRIENDS COLONY, NEW DELHI - 110065 PAN AAECP8061H (APPELLANT) (RESPONDENT) APPELLANT BY SH. S. L. ANURAGI, SR. DR RESPONDENT BY S H . AMOL SINHA, ADVOCATE DATE OF HEARING: 1 7 / 07 / 2018 DATE OF PRONOUNCEMENT: 17 / 0 7 /2018 ORDER PER R.K. P ANDA, AM: 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 24.08.2017 OF THE CIT(A) - XXV , NEW DELHI RELATING TO A. Y. 20 09 - 1 0 . 2. AT THE TIME OF HEARING IT WAS SEEN THAT THE REVENUE HAS CONTESTED THE ORDER OF THE CIT (A) IN DELETIN G THE ADDITION OF RS.44,50,000/ - MADE BY THE ASSESSING OFFICER U/S 68 AND DELETING THE ADDITION OF RS.18 , 100/ - ON ACCOUNT OF COMMISSION. THUS, THE TAX EFFECT INVOLVED IN THE GROUNDS OF APPEAL RAISED BY THE REVENUE IS BELOW RS.2 0 ,00,000/ - . THE CBDT VIDE 2 CIR CULAR NO.03/ 20 18 [F.NO.279/MISC.142/2007 - ITJ (PT.)] DATED 11.07.201 8 HAS REVISED THE MONETARY LIMIT TO RS.20,00,000/ - FOR FILING THE APPEALS BY THE DEPARTMENT BEFORE ITAT. AS PER PARA 3 OF THE SAID CIRCULAR IT IS ALSO CLARIFIED THAT THE PENDING APPEALS OF THE DEPARTMENT BEFORE ITAT HAVING MONETARY LIMIT OF RS. 20,00,000/ - WILL BE TREATED AS WITHDRAWN. SINCE IN THE INSTANT CASE THE TAX EFFECT IS ADMITTEDLY BELOW RS. 20,00,000/ - , THEREFORE, IN VIEW OF THE LATEST CBDT CIRCULAR CITED (SUPRA) THE APPEAL FILED BY THE REVENUE IS DISMISSED. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER P RONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E. ON 1 7 .0 7 .2018. SD/ - ( R.K. PANDA ) ACCOUNTANT MEMBER *NEHA* DATE: - 1 7 .0 7 .2018 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT A SSISTANT REGISTRAR ITAT NEW DELHI 3 DATE OF DICTATION 1 7 .07.2018 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 1 7 .07.2018 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS 17.07.2018 DATE ON WHICH THE FAIR ORDER IS PLACED BEF ORE THE DICTATING MEMBER FOR PRONOUNCEMENT 17.07.2018 DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 17.07.2018 DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 17.07.2018 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 17.07. 2018 DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER 4
